Canton Judge Infractions in Westland
The canton judge of the Westland District Court handles criminal cases involving infractions, the lightest criminal offenses in the Netherlands. These involve minor violations carrying a maximum fine of €4,650. Unlike crimes, which are heard by the police judge, proceedings at the Westland District Court are typically faster and more informal—ideal for Westland residents, such as those in Naaldwijk or Kwintsheul.
What are infractions?
Infractions are lighter than crimes and are defined in law as 'Anyone who commits...'. Typical examples in Westland include traffic violations under the Road Traffic Regulations 1994 (RVV 1994), such as running a red light on the N213, noise pollution from greenhouse machinery, or public urination near the Poeldijkse weg. The Criminal Code (Sr), Article 1, distinguishes them: crimes can result in imprisonment.
In Westland, infractions make up the bulk of criminal cases, often resolved via a penal order such as a fine from the Municipality of Westland or the Public Prosecutor's Office. If you object, the case goes to the canton judge at the Westland District Court.
Legal basis
The canton judge's exclusive jurisdiction over infractions is set out in Article 305 of the Code of Criminal Procedure (Sv). The maximum penalty is a third-category fine (Article 23 Sr): €4,650 for individuals, €93,000 for companies—relevant for Westland's greenhouse horticulture businesses.
The procedure follows Title IIIa of the Sv. Upon objection, a summons is issued for a hearing at the Westland District Court, presided over by a single judge without a jury.
The procedure at the Westland District Court
It often starts with a penal order from the prosecutor, e.g., for speeding on local roads. File an objection within 14 days by letter (Art. 435 Sv), and you will receive a summons for the canton judge.
At the hearing:
- The prosecutor presents the charges.
- You present your defense, call witnesses, or submit evidence, such as dashcam footage from Westland's polders.
- The canton judge usually delivers the judgment on the spot.
Hearings are public; request an interpreter from the Westland District Court. A lawyer is not required but can be helpful through the Westland Legal Advice Office.
Practical examples in Westland
Example: €100 fine for parking in a disabled spot in Monster (Art. 25 RVV 1994). After objection, the canton judge hears both sides and may reduce or dismiss the fine if evidence is weak.
Or noise nuisance from neighbors in a Westland horticultural area (Noise Abatement Act). In 2022, the Westland District Court handled thousands of cases, mostly traffic- and environment-related.
Rights and obligations as a suspect
- Hearing and cross-examination: Defend yourself and demand proof (Art. 348 Sv).
- Access to the case file: Request the police report from the Public Prosecutor's Office or via the Westland Legal Advice Office.
- Attendance requirement: Failure to appear may result in detention of up to 8 days (Art. 449 Sv).
- Appeal: Within 14 days to the court of appeal (Art. 450 Sv).
Comparison: canton judge vs. police judge
Canton judge for infractions, police judge for crimes. Overview for Westland:
| Aspect | Canton Judge Westland District Court (infractions) | Police Judge (crimes) |
|---|---|---|
| Type of offense | Minor infractions, max. €4,650 fine | More serious, up to 1 year imprisonment |
| Procedure | After objection to penal order | Direct summons |
| Lawyer | Not required, advice via Legal Advice Office | Not required, often essential |
| Hearing duration | Short, single judge | Short, single judge |
Read more about the police judge in our article on the police judge in Westland.
Frequently asked questions
Do I need a lawyer at the Westland District Court?
Not required, but consult the Westland Legal Advice Office for free advice on high fines.
What if I ignore the fine?
The prosecutor takes the case to the canton judge; enforcement may follow the judgment.
Can I request a postponement?
Yes, for illness or urgent reasons; submit a request to the Westland District Court.
Difference from administrative fine?
CJIB or Municipality of Westland fines are non-criminal, unless objection escalates to a criminal case.
Tips for Westland residents
- File objection on time: Within 14 days, online or by letter to the Public Prosecutor's Office.
- Gather evidence: Photos of local situations, witnesses, or polder videos.
- Consider mediation: For neighbor disputes in Westland, via the municipality or advice office.
- Seek help: Start with the Westland Legal Advice Office for guidance.